What is the standard of review used in human rights cases?

Prince Edward Island, Canada


The following excerpt is from Health PEI v Privacy Commissioner, 2019 PECA 7 (CanLII):

The standard of review employed in Canada Human Rights Commission v. Canada, supra, and MacLean v. British Columbia, supra, was reasonableness. Those cases dealt with questions of general law that had significance beyond provincial boundaries but they did not rise to the status of being of central importance to the legal system so as to attract a correctness standard. The question in the case at bar may have a degree of importance for the legal system on Prince Edward Island but it is not of central importance to the legal system as a whole nor is it a question of general law. It does not strike at the heart of the administration of justice nor is it fundamental to the proper functioning of the legal system. In fact, it appears to me to be a nuts and bolts question of statutory interpretation.

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